Enacted Legislation

California – Proposition 64 (2004)

Made changes to California’s Unfair Competition Law.  Proposition 64 required a person to have injury in fact and lost money as a result of the alleged unfair practice.  If the lawyer bringing the action seeks to represent the “general public,” each person must have standing and satisfy class action requirements.  Proposition 64 also provided enhanced consumer protection by ensuring monies received by public agencies enforcing UCL actions shall be for the exclusive use of enforcing consumer protection laws.

Ohio – S.B. 117 (2006)

Allowed a consumer in an action brought under the Consumer Sales Practices Act to recover the consumer’s actual economic damages plus an amount not exceeding $5,000 in noneconomic damages or the greater of three times the consumer’s actual economic damages or $200 plus an amount not exceeding $5,000 in noneconomic damages.

Tennessee – H.B. 2008 (2011)

Comprehensive civil justice reform package that included significant reforms to Tennessee’s Consumer Protection Act.  Specifically, the legislation amended the Tennessee Consumer Protection Act (“TCPA”) as follows: eliminated a private right of action for actions based on the sale or marketing of securities, since those claims are governed by state and federal securities laws; provided that only the Attorney General may pursue actions under the “catchall provision” of the TCPA on behalf of Tennessee consumers; prohibited the award of punitive damages for an unfair or deceptive act or practice if the judge awards treble damages and attorney fees; and prohibited class actions from being brought under the consumer fraud statute.